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When disputes arise out of international transactions and investments, most companies prefer to resolve them under trusted international arbitration rules rather than in unfamiliar foreign courts. McMillan lawyers are experienced advocates for clients before a wide range of international arbitration tribunals. We have handled international arbitrations involving parties from all corners of the world, arising from international contracts in virtually all major industries.

We are one of few Canadian law firms to consistently be ranked among the world’s top 100 international arbitration law firms, as selected by Global Arbitration Review. Many of our international arbitration lawyers have also been recognized by leading directories such as Chambers Global, Who’s Who Legal: Commercial Arbitration, Best Lawyers in Canada, Lexpert and Euromoney’s Guide to the Leading Experts in Commercial Arbitration.

When clients invest in emerging economies, McMillan’s international arbitration lawyers can play a critical role.  We review dispute resolution provisions in commercial contracts and assist companies to structure their investments to obtain treaty protections from threats of expropriation and other unfair actions of a host state. We also represent investors in arbitrations brought against states under a wide range of bilateral investment treaties and free trade agreements.

McMillan’s Cross-Border Litigation team has appeared before all levels of court in all major Canadian jurisdictions in a wide-range of international litigation.  We have addressed challenges to the jurisdiction of Canadian courts over foreign parties and enforced foreign arbitral awards, court judgments and orders, including through pre-judgment orders to preserve assets in Canada.  We have also advised businesses on treaties, legislation and customary international law relating to international sales transactions, foreign state immunity and international human rights claims.

Primary Contacts

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Brett G. Harrison

Partner, Corporate Commercial Litigation | Restructuring & Insolvency

Robert Wisner

Partner, International Arbitration & Cross-Border Litigation

Deals and Cases

Insights (10 Posts)View More

Featured Insight

CETA, TCA, CPTPP and CUKFTA – The Web of Trade Agreements Between Canada and the UK

Canada and the UK will maintain a strong trade relationship and preferential market access through a complex and expansive web of trade agreements.

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Nov 15, 2023
Featured Insight

Canada & Taiwan Conclude Foreign Investment Protection Arrangement

Canada-Taiwan FIPA Latest Milestone in Canada’s Indo-Pacific Strategy.

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Oct 30, 2023
Featured Insight

A Comparative Analysis of Commercial Dispute Resolution in Ireland and Canada

The panel will focus on a range of current commercial dispute resolution and access to justice issues affecting Canadian businesses that operate, or are considering operating in Ireland and/or the UK.

Details
Tuesday, September 5, 2023
Featured Insight

Arbitrator’s “Mind of His Own” Results in Procedural Unfairness: Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp)

Ontario Superior Court of Justice holds that arbitrator's decision to exclude evidence and ignore parties' agreement amounted to procedural unfairness.

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Aug 9, 2023
Featured Insight

McMillan LLP’s CUSMA Dispute Settlement Scoreboard

Overview and analysis of disputes under the Canada-United States-Mexico Agreement, including bi-national panel review, ISDS, and general dispute settlement

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Jun 5, 2023
Featured Insight

Settlement Counsel – valuable addition to the dispute-resolution toolkit

Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.

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Mar 28, 2023
Featured Insight

Court of Appeal Confirms Setting Aside an Arbitral Award is a “Tall” Order

The Ontario Court of Appeal decision in Tall Ships Development Inc. v. Brockville (City) illustrates when a Court will interfere with an arbitration award.

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Mar 8, 2023
Featured Insight

One Year On: Economic Sanctions Have Become a Primary Tool of Canadian Foreign Policy and New Russian Sanctions are Imposed

Canada continues to impose sanctions against additional countries, including Sri Lanka, Haiti, and Myanmar, and joins the G7 Enforcement Coordination Mechanism.

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Mar 1, 2023
Featured Insight

As NAFTA Legacy Claims Window Closes, Canadian Businesses with Investments in Mexico Maintain Important Protections under CPTPP

Time is running out for investors to launch NAFTA legacy claims, however Canadian claimants maintain important protections against Mexico under the CPTPP.

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Mar 1, 2023
Featured Insight

Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions

Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.

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Dec 22, 2022